Three-member panels of the Discipline Committee conduct public hearings into cases of alleged incompetence or professional misconduct. Panels are composed of elected and appointed Council members. The certificate of a member found to be incompetent or guilty of professional misconduct may be revoked, suspended, and/or made subject to terms, conditions or limitations. In findings of professional misconduct, the committee may also reprimand, admonish or counsel the member, impose a fine, and order the member to pay costs.
Summaries of recent disciplinary cases are published on the following pages. Copies of the full decisions are available at oct.ca → Members → Complaints and Discipline → Decisions.
The College publishes professional advisories, available at oct-oeeo.ca/ advisories, which are intended to inform members’ professional judgment and practice. For more information about the Ethical Standards for the Teaching Profession, please visit oct-oeeo.ca/ethical.
Member: Yasin Mohamud Ajab
Registration No: 478982
Decision: Reprimand, conditions
A Discipline Committee panel found Peel DSB teacher Yasin Mohamud Ajab guilty of professional misconduct for abusing his students, failing to observe certain bylaws and contravening the boundaries between students and teachers.
Ajab was certified to teach in August 2004. He was present at the hearing on May 16, 2013, and was represented by counsel.
During the 2006–08 school years, Ajab had a poor understanding of certain mathematical concepts and failed to effectively teach the subject. He failed to assist students who requested assistance and advised students not to participate in remedial mathematics classes offered by other teachers.
The discipline panel also heard evidence that Ajab used inappropriate language in the classroom, yelled at students and said to one that the student was stupid and an idiot. Ajab also demonstrated intimidating behaviour by slamming books down on his desk, kicking desks and slamming a door on a student’s hand.
Based on the evidence, the agreed statement of facts, a guilty plea and counsel submissions, the panel found Ajab guilty of professional misconduct and ordered him to appear before a panel to receive a reprimand.
Furthermore, he was ordered to enrol at his own expense in a course on maintaining boundaries within 12 months of the order.
Member: Christopher Andrew Forrest
Registration No: 433214
A Discipline Committee panel revoked the certificate of former DSB of Niagara teacher Christopher Andrew Forrest for sexual exploitation of a student.
Forrest, who was certified in March 2000, was not present or represented at the hearing on July 25, 2013.
For six months during the 2010–11 academic year, Forrest engaged in an inappropriate personal and sexual relationship with a 16-year-old female student. The relationship began through chatting on Facebook, progressed to intimate conversations, followed by kissing and touching, and culminated in intercourse on three occasions. All incidents occurred in Forrest’s classroom before the school day started.
On August 7, 2012, Forrest pleaded guilty to sexual exploitation by engaging in a sexual relationship with a student while he was in a position of trust and authority. He was sentenced to 12 months in jail, followed by two years of probation.
Having considered the evidence, onus and standard of proof, and the submissions of College counsel, the Discipline Committee panel found Forrest guilty of professional misconduct. The panel ordered the Registrar to revoke Forrest’s Certification of Qualification and Registration.
“The member engaged in reprehensible conduct unbecoming a member of the teaching profession,” the panel said in its written decision. “This conduct is unacceptable and betrays the teacher’s obligation to protect his students. The member abused the public trust in an egregious manner and has therefore lost the right to teach. Revocation is the penalty that is required in this case.”
Revocation serves as both a specific and general deterrent as removing the member from the classroom protects students and restores public confidence in the profession. Publication with name advises the profession that misconduct, which breaches the teacher-student boundary and violates the trust and authority vested in teachers, will result in significant consequences.
“The committee (panel) is satisfied that the finding and penalty protect the public interest and uphold the standards of the teaching profession.”
Member: Reid David MacIntosh Innes, OCT
Registration No: 479818
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded former Greater Essex County DSB teacher Reid David MacIntosh Innes for stealing $33 from a locked drawer in the school office.
Innes, who was certified to teach in May 2004, did not attend the hearing on June 17, 2013, but was represented by a lawyer.
Video surveillance captured Innes using a key to remove a total of $33 from a locked drawer in the school’s office over five days. Innes resigned from the board in June 2011 on the same day he was suspended without pay and told there would be a recommendation to end his employment. That November, Innes sent the board a letter and a cheque for $100 as restitution.
He said he regretted his conduct, that it was out-of-character, a mistake and that he was experiencing financial difficulties at the time. Police were never involved in the investigation and no charges were laid.
Having examined the evidence and based on a memorandum of agreement (MOA), a guilty plea, a joint submission on resolution, and the submissions of counsel, the Discipline Committee panel ratified the MOA and found Innes guilty of professional misconduct.
He was ordered to face the panel following the hearing to receive a reprimand. He was also ordered to take an ethical behaviour course at his own expense within 120 days of the MOA being ratified, and to provide written proof from the course provider that he has successfully completed the course within 30 days of finishing.
“In the committee’s view, the member breached the standards of the profession and engaged in conduct unbecoming a member of the teaching profession. The committee agreed that a reprimand and the imposition of terms, conditions and limitations on the member’s certificate is an appropriate resolution for conduct of this nature,” the panel said in its written decision.
“The committee accepts that the member indicated that this was an isolated occurrence; he was experiencing financial difficulties at the time and had never previously engaged in the same or similar conduct nor has since.”
Member: William Hodgson Marshall
Registration No: 383504
A Discipline Committee panel revoked the Certificate of Qualification and Registration of William Hodgson Marshall after hearing allegations of professional misconduct related to criminal convictions for one count of sexual assault and 16 counts of indecent assault of minors from 1952 to 1986.
Certified to teach in July 1948, Marshall was employed as a teacher and principal at an independent Toronto Catholic school, the Windsor Essex Catholic DSB and the Sudbury Catholic DSB at different times when the offences occurred, over many years.
He did not attend the hearing on June 4, 2013, but was represented by legal counsel.
In June 2011, Marshall pleaded guilty to criminal charges and was sentenced to two years, imprisonment, to be served concurrently, and three years’ probation for each count.
Court documents, including victim impact statements, revealed that Marshall engaged in a long series of incidents of sexual touching of his students from 1952 to 1986 while he was a priest and employed as a teacher and principal. These assaults occurred in many locations, including in the rectory, in schools, school showers, in dormitories, in Marshall’s office, in the students’ homes when adults were present in other parts of the house, and at recreational locations such as his cottage. In some cases, the students, who were between the ages of 7 and 16, were subjected to these assaults regularly over long periods. Marshall often used physical force, confinement and the administration of alcohol to effect his predations. He warned the students that if they told anyone he would fail them or have them removed from the school.
Having considered the evidence, the onus and standard of proof, and submissions made by legal counsel, the panel found Marshall guilty of professional misconduct and ordered that his certificate be revoked.
The committee found that Marshall had brought shame and disrepute to the profession through his abuse of power and sexual exploitation of students, and that such behaviour can only be characterized as reprehensible, debauched and entirely shameful.
Member: Stephen Alexander Martin
Registration No: 419301
A Discipline Committee panel revoked the Certificate of Qualification and Registration of Stephen Alexander Martin after hearing allegations of professional misconduct related to criminal convictions for luring a child via computer for sexual exploitation and making child pornography between June 2009 and April 2011.
A former elementary teacher with the Durham DSB, Martin was certified to teach in 1998. He did not attend the hearing on June 4, 2013, and was not represented by legal counsel.
In December 2011, Martin was found guilty of 10 criminal charges of luring a child via computer for sexual exploitation and one criminal charge of making child pornography. He was sentenced to two years less a day in jail and three years’ probation.
College counsel submitted that Martin had amassed a total of 3,374 pictures and 582 movies that constituted child pornography.
Martin actively preyed on his students by posing as a 13-year-old female student. He would encourage them to befriend him on Facebook and MSN and then ask them to expose their genitals on a webcam.
Having considered the evidence, the onus and standard of proof, and the submissions of College counsel, the panel found Martin guilty of professional misconduct and ordered his certificate to be revoked.
“Targeting and luring children and perpetuating a market for child pornography that thrives on the exploitation and abuse of children is a crime that is most heinous,” the panel said.
Member: Gilles Michaud
Registration No: 170253
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded Rainbow DSB elementary teacher Gilles Michaud for physically and verbally abusing five of his students between 2003 and 2009.
The member, who was certified to teach in 1984, attended the hearing on August 20, 2013, and pleaded guilty to professional misconduct and acknowledged he behaved inappropriately.
The panel heard evidence that in February 2003, the member kicked a female student in the leg. In November 2007, he pushed another student on the stairs, injuring his side. The Children’s Aid Society investigated the incidents and confirmed they had taken place. The member received a letter of warning from the school administration and was suspended for 15 days. Michaud was also required to take an anger management course, which he did.
In spite of the warning, the member continued to behave inappropriately. The panel heard that between January and September 2009, Michaud called two students “idiots” and threw a pair of shoes at a male student during a gym class. One shoe bounced off the floor, hitting the student in the face. The Children’s Aid Society was called and the school board terminated Michaud’s employment.
Having examined the evidence and based on a Memorandum of Agreement (MOA), a guilty plea, a joint submission on resolution, and submissions from legal counsel, the panel found Michaud guilty of professional misconduct and ratified the MOA.
The Discipline Committee panel issued a reprimand and imposed conditions, terms and limitations on his certificate. Before seeking employment requiring a Certificate of Qualification and Registration from the College, the member must complete a pre-approved course in classroom management at his own expense and submit written proof to the College that the course was completed successfully. In addition, the decision with the member’s name will be published in the College’s official publication, Professionally Speaking/Pour parler profession.
“Publication, with the member’s name, acts as a specific deterrent to the member and as a general deterrent to the profession from engaging in similar misconduct,” said the panel.
Member: Not identified
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded an Avon Maitland DSB teacher for failing to maintain the standards of the profession and using inappropriate discipline strategies with a student.
The member, who was certified in June 1982, was present at the hearing on May 24, 2013, with his lawyer.
In September 2009, the member confronted a student, grabbed his backpack and exchanged words with him after the student refused to go to the vice-principal’s office as instructed. As the student proceeded to walk down the hallway, the member continued to block his way and, at one point, shoved him into a wall or locker in the hallway.
The Discipline Committee panel found the member guilty of professional misconduct based on the evidence, the onus and standard of proof, and the submissions of legal counsel.
He was ordered to face the panel following the hearing to receive a reprimand. The Discipline Committee panel ordered the Registrar to impose terms and conditions on the member’s Certificate of Qualification and Registration. Prior to returning to a teaching position, the member must complete a pre-approved course, at his own expense, regarding positive discipline strategies and classroom management, and report to the Registrar within 30 days of successfully completing it. The notation of the reprimand will remain on the member’s certificate for three years.
Member: John Daniel Montpellier, OCT
Registration No: 598763
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded John Daniel Montpellier for physically abusing a student while employed as a probationary teacher at the Sudbury Catholic DSB and ordered him to take a classroom management course before working as a teacher again.
Montpellier, who was certified to teach in September 2010, attended the hearing on June 13, 2013, with his lawyer.
In December 2011, Montpellier dragged a student across the classroom floor and then shook him by one or both ankles when he grabbed onto a door frame. He admitted grabbing the student by the ankles, but denied shaking him. In November 2011, Montpellier stood in front of another student with a stick in his hand and then placed the stick behind his back in such a way as to indicate he was going to hit the student.
The school district dismissed Montpellier for cause in February 2012.
The Sudbury Children’s Aid Society investigated and notified police. The police charged Montpellier with three counts of assault, but the charges were withdrawn in April 2012 when the matter was resolved with a peace bond.
Montpellier was not working in the teaching profession at the time of this decision.
Having examined the evidence, and based on a memorandum of agreement (MOA), a guilty plea, a joint submission on resolution, and the submissions of counsel, the Discipline Committee panel ratified the MOA and found Montpellier guilty of professional misconduct.
He was ordered to face the panel following the hearing to receive a reprimand. He was also ordered to take a classroom management course at his own expense and provide written proof of its successful completion before seeking work as a certified teacher.
“The reprimand will remind the member of his responsibilities to ensure the welfare of his students and reinforce the standard of the profession prohibiting teachers from using physical force with students,” the panel said in its written decision. “The course in classroom management will rehabilitate the member and provide strategies for successfully dealing with students.”
Member: Jask Ramburn
Registration No: 104709
A Discipline Committee panel ordered that the certificate of Toronto private school teacher Jask Ramburn be revoked in connection with a criminal conviction for assault of an 8-year-old girl.
Ramburn, who was certified in July 1972, was not present or represented at the hearing on April 23, 2013.
Late in 2009, Ramburn initiated physical contact with an 8-year-old girl outside the school setting. This resulted in criminal charges and a court finding in June 2011 of guilt in assaulting a person under 14. Physical contacts included hugging the child tightly, cradling her, swinging her around in his arms and placing his hands on her shoulders. The panel heard that the physical contact “made the student uncomfortable and was not consensual.”
Ramburn asked her to keep the physical contact between them a secret as the parents repeatedly told him not to initiate any physical contact with their child.
Ramburn was given a conditional sentence of three months and was placed on probation for 21 months. Further, he was prohibited from having any contact with anyone under the age of 12 unless accompanied by an adult.
Having considered the evidence, onus and standard of proof, and the submissions of College counsel, the Discipline Committee panel found Ramburn guilty of professional misconduct and ordered that Ramburn’s Certificate of Qualification and Registration be revoked.
In their written decision, the panel recognized that the member was convicted of assault saying, “This is a serious breach of trust involving a vulnerable child. Revocation protects the public interest as it protects student safety.”
Member: Andrew James Ritchie
Registration No: 481605
Decision: Reprimand, conditions
A Discipline Committee panel reprimanded Peel DSB teacher Andrew James Ritchie for harassing a colleague and failing to maintain the standards of the profession.
Ritchie, who was certified in July 2004, attended the hearing on June 17, 2013, with his lawyer.
Ritchie was involved in a consensual sexual relationship with a female colleague for about three years until May 2010. When the relationship ended, he tried to communicate with her through text messages, emails, notes, other colleagues and following her to her car at the school. On multiple occasions, he became verbally and emotionally abusive to her, sending offensive text messages in which he used explicit and vulgar language, and which his colleague considered threatening.
The Discipline Committee panel found Ritchie guilty of professional misconduct based on a memorandum of agreement (MOA), a guilty plea and submissions of legal counsel.
He was ordered to face the panel following the hearing to receive a reprimand. The Discipline Committee panel also ordered Ritchie to take, at his own expense, a pre-approved course or counselling in harassment and professional boundaries within 90 days of the ratification of the MOA, and report to the Registrar within 30 days of successfully completing it.
The committee found that the member failed to maintain the standards of the profession and engaged in conduct unbecoming a member of the profession by acting in a verbally and emotionally abusive manner toward a colleague.
Copies of the full decisions are available at oct-oeeo.ca/decisions.